HAYAT AHMAD BHAT Vs. UT OF J&K

JUDGEMENT

(1.) District Magistrate, Srinagar (hereinafter called- 'Detaining Authority') in exercise of powers under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978, passed the detention Order No. DMS/PSA/37/2021 dtd. 23/8/2021 (for short 'impugned order'), in terms whereof the petitioner namely Hayat Ahmad Bhat @ Hayat Dar S/O Late Ghulam Rasool Dar R/O Dar Mohalla Soura, Srinagar (for short 'detenue') was ordered to be detained and lodged in District Jail, Kupwara.

(2.) It is stated in petition on hand that the detenu has been implicated in 18 cases registered against him at different Police Stations and despite being implicated in substantive offences, detenu has been booked under preventive detention in terms of the impugned detention order.

(3.) The impugned order of detention has been challenged on various grounds which are taken in alternative without prejudice to each other:-